Acton v. Dooley
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. After the verdict has been received and the jury discharged, no amendment in substance is proper. — Wright v. Philips, 2 Greene, 191; Snell v. Navigation Go., 30 Me. 337. Whenever a plaintiff amends his declaration the defendant has an election to plead de novo. — Webb v. Wilkie, 1 Cairnes’ Rep. 104; Neidenberger v. Oampbell, 11 Mo. 357. The amendment was properly allowed. — Rev. Stats., sects. 3565, 3567, 3569; Bruner v.…
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Appeal from the St. Louis Circuit Court, Barclay, J. After the verdict has been received and the jury discharged, no amendment in substance is proper. — Wright v. Philips, 2 Greene, 191; Snell v. Navigation Go., 30 Me. 337. Whenever a plaintiff amends his declaration the defendant has an election to plead de novo. — Webb v. Wilkie, 1 Cairnes’ Rep. 104; Neidenberger v. Oampbell, 11 Mo. 357. The amendment was properly allowed. — Rev. Stats., sects. 3565, 3567, 3569; Bruner v. Marcum, 50 Mo. 405 ; Horskotte v. Menier, 50 Mo. 158 ; Jones v. Whilsett, 79 Mo. 188; Young v. Glascock, 79 Mo. 574.
1Opinion of the CourtThompson, J.
This is an action of ejectment. It is the same case which was before this court and reported in 6 Mo. App. 323, and which was before the supreme court and reported in 74 Mo. 63. It was held by the supreme court that the plaintiff was not estopped from recovering the land in *442controversy by his conduct in relation thereto. In the opinion of this court by Lewis, P. J., and also in the opinion of the supreme court by Henry, J., the facts of the case and the real controversy between the parties were stated, from which it appears that the only controversy related to the boundary between the…
2Cases cited8 opinions
- Acton v. DooleySupreme Court of Missouri · 1881
- Joy v. ThompsonMichigan Supreme Court · 1844
- State ex rel. Webster v. KnightSupreme Court of Missouri · 1870
- Ranney v. BaderSupreme Court of Missouri · 1871
- Bosse v. ThomasMissouri Court of Appeals · 1877
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3Cited by14 opinions
- Maize v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1945
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Cory v. Greyhound Lines, Inc.Supreme Court of Florida · 1971
- Roadruck v. SchultzAppellate Court of Illinois · 1948
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
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